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Work Comp Matters - Episode 97: Goodbye 2018 - Year in Review

This week on Work Comp Matters, Steve, Mike, Robert & Ted discuss all the events of 2018 that we liked & disliked. An update from John Scalia. Topics…




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Work Comp Matters - Episode 107: John Mcneely

This week on Work Comp Matters, Steve, Mike, Robert & Special Guest, John McNeely (29 year Workers Compensation Hearing Representative), discusses experiences in workers compensation dealing with co-counsel, adjusters &…




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Work Comp Matters - Episode 108: Death Penalty

During this episode of Work Comp Matters Steve, Robert, Mike & Ted talk about governor Gavin Newsom placing a stay on the death penalty, the Nationwide college admissions scandal regarding…




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Work Comp Matters - Episode 113: I Want to be a Lawyer

This week on Work Comp Matters, Steve, Mark, Robert and Mike talk about Kim Kardashian West and her desire to become a lawyer. Also, the topics of discussion include all…




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Work Comp Matters - Episode 116: Uber / Lyft

This week on Work Comp Matters, Steve and the guys talk about relevant issues for your employees, employers and independent contractors. In addition to the new Uber IPO and the…




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A Practical Approach to Using the MTUS & Formulary Wisely to Avoid Treatment Denials

Whether you are an employer, claims examiner, medical provider or attorney, this program will provide you with a clear understanding and practical approach of how the MTUS and Formulary to…




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Work Comp Matters - Episode 118: Memorial Day

This week on Work Comp Matters, Steve is celebrating his birthday in Las Vegas. Therefore, it’s up to Robert Mike and Marc to discuss the warriors who gave the ultimate…




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Handling Cases of Serious & Willful Misconduct of the Employer-Review and Practice Hints

This program provides a guide to handling cases of serious and willful misconduct of employers. Examining various reviews and practice hints, Frank Christine III, Esq. will offer a review of…




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Seasonal Worker Payroll Threshold Increases 3.9%

The Texas Division of Workers' Compensation announced that the gross annual payroll requirements for coverage of seasonal workers will increase 3.9% next year. Seasonal workers for agricultural companies with annual gross…




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Inaccurate Credentials Don't Disqualify Vocational Expert

A Pennsylvania court rejected an injured worker's request to disqualify a vocational expert on the basis that the expert's correspondence indicated he was a certified disability management specialist after his…




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Supreme Court Upholds Dismissal of Worker's Civil Suit Against Employer

The Idaho Supreme Court upheld the summary dismissal of an injured worker’s civil suit against his employer based on his injuries from a piece of farm equipment his employer had…




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Benefits Increasing 4.3% in January

The Oklahoma Workers' Compensation Commission announced that maximum benefits for injuries, illnesses and deaths will increase 4.3% in January to match an increase in the state's average weekly wage. The state's…




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Worker Failed to Prove Injuries from Alleged Assault by Colleague

A New York appellate court ruled that a worker was not entitled to benefits for injuries from an alleged assault by a coworker. Case: Matter of Lebeau v. Meet Caregivers Inc.,…




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Worker Failed to Link Fall at Home to Prior Work-Related Ankle Injury

A New York appellate court ruled that a worker failed to establish her injuries from a fall at home were related to an ankle injury from an on-the-job accident which…




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Double-Dipping State Trooper Pleads Guilty to Larceny

The Connecticut Division of Criminal Justice announced that a former state trooper who operated a silk-screening business while receiving temporary disability benefits pleaded guilty to two counts of larceny. Kevin Moore,…




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Court Awards Worker Benefits for Back Injury, Authorizes MRI

West Virginia’s Intermediate Court of Appeals upheld a finding that a worker was entitled to benefits for a back injury, and that he was entitled to a magnetic resonance imaging…




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Expansion of Worker's Claim to Include Depression Didn't Increase His Loss of Earning Capacity

A New York appellate court upheld a determination that an injured worker was not entitled to an increase in his loss of wage-earning capacity after his claim was expanded to…




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Defendants Get Partial Reversal of Summary Judgment on Worker's Labor Law Claims

A New York appellate court ruled that a worker was not entitled to summary judgment on one aspect of his Labor Law claim. Case: Urquia v. Deegan 135 Realty LLC,  No. 22340/19,…




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Court Overturns Summary Judgment on Defendant's Indemnification Claim

A New York appellate court partially overturned a grant of summary judgment dismissing a defendant’s indemnification claim against an injured worker’s employer. Case: Cooper v. BLDG 7th Street LLC, Nos. 153479/18,…




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Court Upholds Award for Worker's Elbow Injury from Fall

West Virginia’s Intermediate Court of Appeals upheld an award for a worker’s elbow injury from an on-the-job fall. Case: West Virginia United Health System Inc. v. DeWitt, No. 24-ICA-74, 10/28/2024, published. Facts:…




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Court Denies Employer's Successive Application for Hearing as Lacking Probable Cause

The Virginia Court of Appeals upheld a decision by the Workers’ Compensation Commission denying an employer’s successive application for a hearing as being unsupported by probable cause. In December 2022, Jessica…




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CLARA Analytics Names Eugene Wong CFO

CLARA Analytics announced that it hired Eugene Wong as chief financial officer. Eugene Wong Wong brings more than 15 years of finance and operating experience to his new role with the…




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Compound Ingredient Supplier to Pay $21.75M to Resolve Inflated AWP Allegations

The U.S. Department of Justice announced that a company that supplies ingredients for compound drugs agreed to pay $21.75 million to resolve allegations that it falsely inflated average wholesale prices. The…




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Court Upholds Finding of Compensability for Worker's Back Injury

West Virginia’s Intermediate Court of Appeals upheld a finding of compensability for a worker’s back injury. Case: Toyota Motor Manufacturing WV Inc. v. Adkins, No. 24-ICA-181, 10/28/2024, unpublished. Facts: Donnie Adkins worked…




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Worker who Fell from Cement Truck Gets Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim based on his injuries from a fall from a cement truck. Case:…




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Court Upholds Summary Dismissal of Former SAIF Employee's Retaliation Claim

The Oregon Court of Appeals upheld the summary dismissal of a SAIF employee’s claim she that was terminated in retaliation for reporting unlawful conduct.   Case: Cuddigan-Placito v. SAIF, No. 760.




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DOL Reports Decline in Workplace Fatality Investigations

The U.S. Department of Labor reported an 11% reduction in workplace fatality investigations in the most recent fiscal year. The 826 worker deaths investigated during the fiscal year that ended June…




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Judge Grants Summary Judgment to Worker Struck by Falling Panel

A New York appellate court ruled that a worker struck by a falling panel should have been granted summary judgment on his Labor Law claim. Case: Macaulay v. New Line Structures…




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Worker Struck by Pipe Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim. Case: Molina v. 114 Fifth Avenue Associates LLC, No. 156349/16, 10/15/2024, published. Facts: Jose Molina…




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Court Tosses Jury's TTD Award as Inconsistent With Finding of No Causal Causation

The Appellate Court of Maryland ruled that a jury’s award of temporary total disability benefits was inconsistent with its finding that a worker’s hip condition was not related to her…




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Sedgwick Names Andrea Buhl President of Casualty

Sedgwick on Monday announced that it named Andrea Buhl president of its casualty group. Andrea Buhl Buhl has held numerous leadership roles at Sedgwick over the last 15 years, most recently…




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DWC Adds Attorney Consultation Notice to Workplace Poster

The California Division of Workers’ Compensation updated a poster employers are required to display in the workplace to add language advising people of their right to consult an attorney following…




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Worker's Schedule Loss of Use for Prior Accident Can't Be Deducted from SLU for New Injury

A New York appellate court overturned a decision deducting the schedule loss of use for a worker’s prior shoulder injury from the schedule loss of use for a later arm…




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Worker Who Fell in Elevator Shaft Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim based on his fall while working in an elevator shaft. Case: De Souza v.




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Grievously Injured Worker Bound by Limitations Period Shortened by Contract He Signed as Teen

A divided Michigan Court of Appeals upheld the dismissal of a tort claim saying the injured worker agreed to a shorter statute of limitations in a contract he signed as…




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AG Says State Could Get $122M in Kroger Opioid Settlement

California Attorney General Rob Bonta announced the state could receive up to $122 million from Kroger through a settlement that resolves allegations that the grocery chain failed to oversee the…




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High Court Asked to Order WCAB Decide 'Grant for Study' Cases

A petition was filed with the California Supreme Court requesting a writ of mandate directing the Workers’ Compensation Appeals Board to render final decisions on cases in which it granted…




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WCAB Panel Says Orders Taking Matters off Calendar Are Not Final, Ineligible for Reconsideration

Orders taking a matter off calendar are not final orders for the purposes of seeking reconsideration, the California Workers' Compensation Appeals Board said in a what it designated as a…




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Board Applied Wrong Standard of Proof to Social Worker's Claims of Injury from Dog

A New York appellate court ruled that the Workers’ Compensation Board applied the wrong standard of proof to a social worker seeking benefits for physical and psychological injuries from being…




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Court Overturns PTD Award for Pharmacy Worker's Injuries from Fall

A New York appellate court overturned an award of permanent total disability benefits for an injured pharmacy technician. Case: Matter of Thakkar v. Walmart Associates Inc., No. CV-23-0356, 10/24/2024, published. Facts: Purvi…




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Worker Injured Using Makeshift Ladder Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his injuries while dismounting a bucket he was using as a makeshift…




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State Insurance Fund Gets Summary Judgment on Claim for Unpaid Premiums

A New York appellate court upheld a grant of summary judgment for the State Insurance Fund on its claim for unpaid workers’ compensation premiums. Case: Commissioners of the State Insurance Fund…




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OSHA Fines Contractor for Exposing Workers to Deadly Falls

The federal Occupational Safety and Health Administration cited a contractor in Crystal Lake, Illinois, for allegedly exposing workers to fall hazards. OSHA said it fined 595 Construction LLC $287,465 for one…




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Worker, 3rd Party Defendant Both Get Partial Summary Judgment in Labor Law Action

A New York appellate court ruled that a worker was entitled to partial summary judgment on his Labor Law claim, and that a third-party defendant should have been granted summary…




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Court Overturns Grant of Summary Judgment for Labor Law Defendant

A New York appellate court ruled that a Labor Law defendant should not have been granted summary judgment dismissing the claim against it. Case: Lopez v. Kamco Services LLC, No. 2022-05176,…




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L&I: Felony Charges Filed After Claimant Seen Lifting Weights at Gym

A worker collecting benefits for a back injury is facing fraud charges after he was reportedly observed lifting weights at a gym that exceeded the five-pound restriction his physician imposed,…




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Worker Should Have Been Granted Partial Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker should have been granted partial summary judgment on his Labor Law claim for a trip-and-fall injury on a construction site. Case: Guzman-Saquisili v.




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Court Says Damages Award Inadequate

A New York appellate court overturned an award of damages after a defendant’s default in a Labor Law case, finding the award inadequate. Case: Sharif v. Pritam Property Inc., Nos. 2021-09103…




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WCB Meets to Discuss Attorney Fees

The Oregon Workers' Compensation Board will discuss attorney fees during a Nov. 19 meeting. Board members will undertake the legally mandated biennial review of attorney fees. Part of the discussion will…




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No Disability Pension for Police Officer Who Refused Surgery

The Illinois Appellate Court upheld the denial of a disability pension to a police officer who refused surgery to address his injury. Case: Shirley v. Village of Clarendon Hills Police Pension…